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FILLINGER v. FOSTER

82-297.

448 So.2d 321 (1984)

Kjell FILLINGER v. Talmadge Franklin FOSTER.

Supreme Court of Alabama.

Rehearing Denied April 6, 1984.

Attorney(s) appearing for the Case

James W. Tarlton, III, and Gregory C. Buffalow of Hamilton, Butler, Riddick, Tarlton & Allen, Mobile, for appellant.

Gregory B. Breedlove of Cunningham, Bounds, Yance, Crowder & Brown, Mobile, for appellee.

MADDOX, Justice.

Plaintiff, Talmadge Franklin Foster, while working as a "shipfitter" at a landbased operation, but who was covered under the provisions of the Federal Longshoremen's and Harbor Worker's Compensation Act (LHWCA), 33 U.S.C. §§ 901-950, sued his co-employee for injuries he allegedly sustained while working on the job. The issue before the Court is whether the exclusivity provisions of the LHWCA bars the suit. We hold that the exclusivity provisions...

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